Over-egging the argument

Some prosecutors get carried away with their mission and over over-egg their argument. In a winnable case it shouldn’t be necessary. If you’ve got a bad case, but get a conviction it may lead to reversal. Here’s another example.

A Connecticut appeals court decided to send a message to a prosecutor accused of appealing to jurors’ emotions when it reversed the conviction of a man accused of killing a bar owner in 1998 and ordered a new trial.

The appeals court opinion (PDF) said Assistant State’s Attorney Terence Mariani Jr. of Waterbury made improper arguments in the trial of Victor Santiago, as well as in previous cases, the Associated Press and the Connecticut Law Tribune report. “We believe that nothing short of reversal will have the effect of deterring him,” the court said.